Your current state is Virginia
I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.
answered on Mar 26, 2023
It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... Read more »
The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... Read more »
answered on Mar 25, 2023
You must file your response as soon as you can before the hearing. If the service of process is not complete at least 2 court days before the hearing, your wife can ask for a continuance. If you fail to serve your written answer on time, the judge will allow you to present your defense at the... Read more »
We were married for 18 years and have 2 daughters, I didn’t receive any alimony and I had no legal representation. He wrote the divorce settlement himself and hired a mediator that I never met.
Reopen due to:
*FRAUD
*I SIGNED UNDER DURESS
*PERJURY
*HID... Read more »
answered on Mar 25, 2023
You list grounds but do specifically state facts to support allegations
Was there financial disclosure I.e.,Mandatory Disclosure? Financial Affidavits? Tax returns? Earnings statements ,1099s etc.
Have you seen an attorney to review your divorce settlement?Why did you wait... Read more »
I was informed that he cannot touch my Inheritance and that it belongs to me only.
I'm trying to find a place to live, I wanted to buy a house. I wanted to know if he'd be joint owner of my house and if I'd have to give him half of what my house was worth even though it was... Read more »
answered on Mar 24, 2023
Typically, any major transaction like this is prohibited without court approval during the pendency of a divorce. These prohibitions are typically embodied in a standing order or standard temporary injunction. It is likely, however, that a court would approve the purchase of a home with your... Read more »
So is there a way to get a hearing to get my money and my personal jewelry back before the house and our business trial in August. I have been patiently waiting for my money and jewelry and it’s taking a toll on my mental health and need access to my funds immediately and my separate jewelry back... Read more »
answered on Mar 24, 2023
If you have separate property, such as money or jewelry, that you believe was taken from you by your ex-spouse, you may be able to file a motion with the court to recover those items before the property distribution trial in August.
In California, you can file a motion for a temporary... Read more »
Now going thru divorce and requesting alimony for 2 years active marriage. He has an attorney who disagrees im self represented as I cant afford an attorney. Courts want a Brief & Meet and Confer before court on April 26. I have not known where he has resided or had much contact with him since... Read more »
answered on Mar 24, 2023
As you are representing yourself in the divorce proceedings, it is important to understand your rights and options regarding alimony and division of assets.
In California, spousal support (alimony) is typically awarded based on a variety of factors, including the length of the marriage, the... Read more »
I need some advice
answered on Mar 24, 2023
If you have filed for divorce and you have children with your soon-to-be-ex-spouse, there are several important things to consider when it comes to child custody.
First, it's important to understand that in California, there are two types of custody: legal custody and physical custody.... Read more »
Mortgage is in my name and X wife name.
Mortgage company won’t remove her name.
answered on Mar 23, 2023
You can do so either by leaving it to your new wife in your Last Will and Testament or by a Transfer on Death Deed.
If you signed a Deed of Trust to Secure Assumption in favor of your ex, be aware that your ex can "foreclose" on it if the mortgage is not timely paid.
So my ex wife s lawyer wrote me a email saying that his client is willing to return my jewelry that i requested to get back from her that she originally said she didn’t have under oath. Now he’s claiming he did not mean that, he meant that he will ask his client if she has my jewelry. His... Read more »
answered on Mar 23, 2023
It is possible for a lawyer to clarify or amend the meaning of a communication, including an email, if they realize that their original message was unclear or unintentionally misleading. However, it is important for the lawyer to do so in a timely and clear manner, and to provide a valid... Read more »
My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school... Read more »
answered on Mar 22, 2023
As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of... Read more »
Ex refuses to respond to my requests for division of property.
answered on Mar 21, 2023
If your ex-spouse is refusing to respond to your requests for division of property in your divorce case, there are several steps you can take to try to resolve the issue:
Send a formal demand letter: You may want to send a formal demand letter to your ex-spouse requesting that they respond... Read more »
He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?
answered on Mar 21, 2023
You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... Read more »
My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... Read more »
answered on Mar 21, 2023
Your attorney can file a discovery motion and ask for this information
answered on Mar 20, 2023
You can file for divorce and use service by publication to properly serve your missing spouse. You will need to use his last known address for filing and service. I would suggest hiring an attorney to walk you through how to have someone served you cannot locate and where to properly file for... Read more »
answered on Mar 20, 2023
Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for... Read more »
How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... Read more »
answered on Mar 20, 2023
The down payment by dad is non-marital in nature and will be restored to his daughter. After that, the proceeds will be divided 50/50.
In the state of Georgia I know there are different rules for spousal support. Does a judge look at previous employment if the spouse has quit their job or taken a lower paying position? Married 18 years and she was not a stay at home Mom, though we both worked from home equally. She ran a... Read more »
answered on Mar 20, 2023
There is no percentage or guideline. The judge will look at all that you have mentioned in determining whether or how much spousal support it should be.
I received a lump sum of Oklahoma pandemic unemployment insurance money a month after my husband filed divorce. It’s in an unknown account & he does not know about it. It was from 2020 and they just now paid it out 3 years later. We decided it was more beneficial I stay home with our baby... Read more »
answered on Mar 19, 2023
Your question is a technical one. If you divorce has not been finalized then more often than not this will be viewed as marital income and would be subject to splitting. Intentional hiding of money is a major issue that should be avoided. Based on your other facts there may be a way around this... Read more »
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